FORM OF AMENDED AND RESTATED TRUST AGREEMENT OF ARK 21SHARES BITCOIN ETF Dated as of ___________, 2023 By and Among 21SHARES US LLC DELAWARE TRUST COMPANY and THE SHAREHOLDERS FROM TIME TO TIME HEREUNDERTrust Agreement • December 28th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT of ARK 21SHARES BITCOIN ETF (the “Trust”) is made and entered into as of the _______ day of December, 2023, by and among 21SHARES US LLC, a Delaware limited liability company and sponsor of the Trust (the “Sponsor”), DELAWARE TRUST COMPANY, a Delaware corporation, as trustee (the “Trustee”), and the SHAREHOLDERS from time to time hereunder.
SPONSOR AGREEMENTSponsor Agreement • January 10th, 2024 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • Delaware
THIS SPONSOR AGREEMENT (the “Agreement”), dated as of [ ], 2024, is made by and between 21Shares US LLC, a Delaware limited liability company (“Sponsor”), and ARK 21Shares Bitcoin ETF, a statutory trust organized under the laws of Delaware (the “Trust”).
FORM OF TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers
THIS AGREEMENT is made as of the ___________ day of ___________, by and between ARK 21Shares Bitcoin ETF (hereinafter the “Trust”), a Delaware statutory trust, having its principal office and place of business at 477 Madison Avenue, New York, New York 10022 and THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (the “Bank”).
SUBSCRIPTION AGREEMENTSubscription Agreement • January 10th, 2024 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers
THIS SUBSCRIPTION AGREEMENT is entered into as of the 9th day of January, 2024, between Ark 21Shares Bitcoin ETF, a Delaware statutory trust organized and existing under the laws of Delaware (the “Trust”), and 21Shares US LLC, a limited liability company organized and existing under the laws of Delaware (the “Purchaser”).
FORM OF ARK 21SHARES BITCOIN ETF AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • December 28th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
This Authorized Participant Agreement (the “Agreement”), dated as of __________________, 2023, is entered into by and among ARK 21Shares Bitcoin ETF (the “Trust”), 21Shares US LLC, a Delaware limited liability company and the sponsor of the Trust (the “Sponsor”), as sponsor of the Trust, and_____, a [Delaware corporation] (the “Authorized Participant”), and is subject to acceptance by The Bank of New York Mellon (“BNY Mellon” or “Transfer Agent”).
FORM OF PRIME BROKER AGREEMENT General Terms and ConditionsPrime Broker Agreement • December 28th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
THIS AGREEMENT is made as of by and between ARK 21Shares Bitcoin ETF (hereinafter the “Trust”), a Delaware statutory trust, having its principal office and place of business at 477 Madison Avenue, New York, New York 10022 and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”).
FORM OF CASH CUSTODY AGREEMENT By and Between THE BANK OF NEW YORK MELLON And ARK 21SHARES BITCOIN ETFCustody Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
This Custody Agreement is made and entered into as of the latest date set forth on the signature page hereto (the “Effective Date”) by and between THE BANK OF NEW YORK MELLON, a New York state chartered bank (“BNY Mellon”), and ARK 21SHARES BITCOIN ETF, a Delaware statutory trust (“Customer”), by 21Shares US LLC, the Sponsor to the Customer. BNY Mellon and Customer are collectively referred to as the “Parties” and individually as a “Party”.
TRUST AGREEMENT OF ARK 21Shares Bitcoin ETFTrust Agreement • December 18th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers
THIS TRUST AGREEMENT (this “Agreement”) is made as of June 21, 2021, by and between 21Shares US LLC, as depositor (the “Depositor”), and DELAWARE TRUST COMPANY, as trustee (the “Trustee”). The parties hereto hereby agree as follows:
FORM OF PRIME BROKER AGREEMENT General Terms and ConditionsPrime Broker Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
SUBSCRIPTION AGREEMENTSubscription Agreement • December 18th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers
THIS SUBSCRIPTION AGREEMENT is entered into as of the 12th day of December, 2023, between Ark 21Shares Bitcoin ETF, a Delaware statutory trust organized and existing under the laws of Delaware (the “Trust”), and 21Shares US LLC, a limited liability company organized and existing under the laws of Delaware (the “Purchaser”).
EXHIBIT A to the Form of Prime Broker Agreement FORM OF CUSTODIAL SERVICES AGREEMENTForm of Custodial Services Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers
This Custody Agreement is entered into between Client and Coinbase Custody and forms a part of the Prime Broker Agreement between the Client and the Coinbase Entities. Capitalized terms used in this Custody Agreement that are not defined herein shall have the meanings assigned to them in the other parts of the Prime Broker Agreement.
FORM OF ARK 21SHARES BITCOIN ETF AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
This Authorized Participant Agreement (the “Agreement”), dated as of __________________, 2023, is entered into by and among ARK 21Shares Bitcoin ETF (the “Trust”), 21Shares US LLC, a Delaware limited liability company and the sponsor of the Trust (the “Sponsor”), as sponsor of the Trust, and_____ ., a [Delaware corporation] (the “Authorized Participant”), and is subject to acceptance by The Bank of New York Mellon (“BNY Mellon” or “Transfer Agent”).
FORM OF MARKETING AGENT AGREEMENTForm of Marketing Agent Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
THIS AGREEMENT is made and entered into as of this _____ day of _________by and among ARK 21Shares Bitcoin ETF, a Delaware statutory trust (the “Trust” or the “Client”), which is sponsored by 21Shares US LLC (a wholly-owned subsidiary of Amun Holding Ltd.), a Delaware limited liability company (the “Sponsor”), and Foreside Global Services, LLC, a Delaware limited liability company (“Foreside”).
FORM OF INDEX LICENSING AGREEMENTForm of Index Licensing Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • England and Wales
FORM OF PRIME BROKER AGREEMENT General Terms and ConditionsFinancing Agreement • December 18th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
SUPPORT SERVICES AGREEMENTSupport Services Agreement • December 18th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
THIS SUPPORT SERVICES AGREEMENT (the “Agreement”) is effective as of the day of , 2023 (the “Effective Date”), between 21Shares US LLC, a Delaware limited liability company (“21Shares” or a “Party”), and ARK Investment Management, LLC, a Delaware limited liability company (“ARK” or a “Party” and, together with 21Shares, the “Parties”).
